A.
Application filing fees. Application filing fees shall be established,
from time to time, by resolution of the Board of Commissioners. The
application filing fees shall cover the administrative costs associated
with processing an application for approval of a subdivision or land
development.
B.
Application review fees.
(1)
In addition to the application filing fee required by § 250-64A, the Township shall charge application review fees for costs incurred during the review of an application. Application review fees shall include reasonable and necessary charges by the Township's professional consultants to the Township. Such review fees shall be based upon a schedule established from time to time by resolution of the Board of Commissioners. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township Engineer or other consultants for similar service in the community, but in no event shall the fees exceed the rate or costs charged by the Township Engineer or other consultants to the Township when fees are not reimbursed or otherwise imposed on applicants.
(2)
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Township Secretary that such fees are disputed, in which case
the Township shall not delay or disapprove a subdivision or land development
application due to the applicant's request over disputed fees.
C.
Inspection fees.
(1)
The Township may prescribe that the applicant shall reimburse the
Township for the reasonable and necessary expense incurred for the
inspection of improvements. Such reimbursement shall be based upon
a schedule established from time to time by resolution of the Board
of Commissioners. Such expense shall be reasonable and in accordance
with the ordinary and customary fees charged by the Township Engineer
or consultant for work performed for similar services in the community,
but in no event shall the fees exceed the rate or cost charged by
the engineer or consultant to the Township when fees are not reimbursed
or otherwise imposed on applicants.
(2)
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within 10 working days of the date of billing, notify the Township
that such expenses are disputed as unreasonable or unnecessary, in
which case the Township shall not delay or disapprove a subdivision
or land development application or any approval or permit related
to development due to the applicant's request over disputed engineer
expenses.
(3)
If within 20 days from the date of billing, the Township and the
applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and Township shall jointly, by mutual
agreement, appoint another professional engineer licensed as such
in the Commonwealth of Pennsylvania to review the said expenses and
make a determination as to the amount thereof which is reasonable
and necessary.
(4)
The professional engineer so appointed shall hear such evidence and
review such documentation as the professional engineer in his or her
sole opinion deems necessary and render a decision within 50 days
of the billing date. The applicant shall be required to pay the entire
amount determined in the decision immediately.
(5)
In the event that the Township and applicant cannot agree upon the
professional engineer to be appointed within 20 days of the billing
date, then, upon application of either party, the President Judge
of the Court of Common Pleas of the judicial district in which the
Township is located or, if at the time there be no President Judge,
the senior active judge then sitting, shall appoint such engineer,
who, in that case, shall be neither the Township Engineer nor any
professional engineer who has been retained by or performed services
for, the Township or the applicant within the preceding five years.
(6)
The fees of the appointed professional engineer for determining the
reasonable and necessary expenses shall be paid by the applicant if
the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $1,000 or more, the Township shall
pay the fees of the professional engineer, but otherwise the Township
and the applicant shall each pay 1/2 of the fee of the appointed professional
engineer.
The Board of Commissioners may, from time to time, amend this
chapter in accordance with the following provisions:
A.
Planning Commission review. In the case of amendments other than
those prepared by the Township Planning Commission, the Board of Commissioners
shall submit the proposed amendment to the Planning Commission for
recommendations at least 30 days prior to the date fixed for the public
hearing on the proposed amendment.
B.
County Planning Commission review. The proposed amendment shall be
submitted to the Allegheny County Planning Commission for review and
recommendations at least 30 days prior to the public hearing on the
amendment.
C.
Public hearing. Amendments to this chapter shall become effective
only after a public hearing held pursuant to public notice, as defined
herein.
D.
Publication, advertisement and availability of ordinance.
(1)
Proposed amendments shall not be enacted unless public notice, as
defined herein, of the proposed enactment is given, including the
time and place of the meeting at which passage will be considered,
a reference to a place within the Township where copies of the proposed
amendment may be examined without charge or obtained for a charge
not greater than the cost thereof.
(2)
The Board of Commissioners shall publish the proposed amendment once
in one newspaper of general circulation in the Township but not more
than 60 days nor less than seven days prior to passage. Publication
of the proposed amendment shall include either the full text thereof
or the title and a brief summary prepared by the Township Solicitor
and setting forth all the provisions in reasonable detail. If the
full text is not included:[1]
(a)
A copy thereof shall be supplied to a newspaper of general circulation
in the Township at the time public notice is published.
(b)
An attested copy of the proposed amendment shall be filed in
the county law library or other county office designated by the County
Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
(c)
In the event substantial amendments are made in the proposed
amendment before voting upon enactment, the Board of Commissioners
shall, at least 10 days prior to enactment, readvertise in one newspaper
of general circulation in the Township a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
(d)
Subdivision and land development amendments may be incorporated
into official ordinance books by reference with the same force and
effect as if duly recorded therein.
E.
Filing after enactment. Within 30 days after adoption, the Board
of Commissioners shall forward a certified copy of the amendment to
the Allegheny County Planning Commission.
Any party aggrieved by the decision of the Board of Commissioners
regarding a subdivision or land development plan may appeal such decision
within 30 days of the date of entry of the decision of the Board of
Commissioners to the Allegheny County Court of Common Pleas.
A.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
B.
The Township may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter. The authority to deny such a permit
or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
(3)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
C.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Township may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500 plus all court costs, including reasonable
attorney's fees, incurred by the Township as a result thereof. No
judgment shall commence or be imposed, levied or be payable until
the date of the determination of a violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge determining
that there has been a violation further determines that there was
a good faith basis for the person, partnership or corporation violating
this chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation.
B.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
A.
Whenever any provision of this chapter is at variance with another
lawfully adopted rule, regulation, ordinance, restriction or covenant,
that which imposes the most restrictive requirement shall govern.
B.
Whenever there is a difference between a minimum standard or dimension
specified in this chapter and those contained in another official
regulation, resolution or ordinance of the Township, the highest standard
shall apply. If a question of conflict arises between the various
portions of this chapter, the most restrictive term shall apply.
